Pakistan Case Law
1986 SCMR 477(2)

MUSHTAQ HUSSAIN vs CHIEF LAND COMMISSIONER And Other

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Citation1986 SCMR 477(2)
CourtSupreme Court of Pakistan
Case No.Civil Appeal No. 12 of 1975
Date1985-10-25
Judge(s)Nasim Hasan Shah, Zaffar Hussain Mirza, Shafi-ur-Rehman
ResultAppeal dismissed
AI Summary — generated from this judgment; read the full text below and verify before relying on it.

This matter comes before the Supreme Court of Pakistan by way of an appeal arising from a show-cause notice issued to the appellant for failing to deposit security and engaging an Advocate-on-Record. When the case was called for hearing, no representative appeared on behalf of the appellant. Consequently, the court inferred a lack of interest in prosecuting the matter. The Supreme Court held that where an appellant fails to appear and prosecute the appeal, the same is liable to be dismissed. The key principle laid down is that an appeal may be dismissed for non-prosecution in the absence of the appellant or their legal representative.

Questions settled in this judgment
  • What is the consequence of the appellant's failure to appear and prosecute the appeal?
  • Can an appeal be dismissed when no one is present on behalf of the appellant?
dismissal for non-prosecutionabsence of appellantshow-cause noticenon-deposit of securitysupreme court appeal

ORDER

1. ZAFFAR HUSSAIN MIRZA, J.--A show-cause notice was issued to the appellant for riot depositing security and engaging an Advocate---on-Record. No one is present on behalf of the appellant. It seems that he is not interested- in prosecuting the appeal which is dismissed for non-prosecution accordingly.

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